Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blog sites, take a look at the crucial advantages of mediation and other approaches of dispute resolution as a way of solving the practical arrangements following separation.
The family mediation procedure
mediation usually begins with the mediator having a short initial call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and consider separately with them whether there are any issues which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party individually (this is often called a Mediation Information Assessment Meeting (MIAM)) to go over the background briefly and describe a little bit more about the mediation procedure. The initial conferences are confidential and so the content will not be gone over with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is used to go through the Agreement to Mediate form, deal with any interim or pushing issues and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend upon the problems the parties wish to cover but this will usually involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the appropriate information and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to record in regard of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. When this has taken place, one of the celebration’s legal representatives will generally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of advantages to the mediation procedure, some of which are set out listed below. Mediation is not right for everyone and a party and the mediator’s own solicitor will think about any problems which might make mediation challenging or inappropriate. The advantages include:
Family mediation is a member of the ADR or alternative dispute resolution family. It forms one of the core pillars of mediation services provided globally.
Historically, it is not clear geographically where family mediation first evolved. However, family mediation has been present in various forms in various cultures world-wide for thousands of years.
The system is focused on providing a dispute resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services.
Modern day family mediation is divided into two main fields namely mediation and comediation. In the former of the two fields a single mediator works with the family in dispute. In the latter of the two fields, two or more mediators work with a family in dispute. Mediations are completed by the use of either joint or single caucuses. In single caucuses the mediator/s caucus one party at a time. In joint caucuses the mediator/s work with all sides to the dispute present in the same session. The majority of family disputes have two sides however in family disputes between siblings it is not uncommon for several parties to be involved.
- The mediator will motivate the parties to set the agenda and validate what they want to cover in mediation. You can resolve matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time in between sessions and manage its rate. You won’t have to wait months for the next date as can occur in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and reflect on tips made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce similar plans or has disliked the subtlety of why a particular idea may be much better.
a mediator’s role is to help with a discussion between the parties and encourage suggestions about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and confidential process which indicates that parties are encouraged to be open about choices they wish to think about. This typically results in parties making recommendations they would be reluctant to make in court procedures. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. The mediator will likewise make sure and manage the procedure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can provide an invaluable way of dealing with family disputes successfully and agreeably and it should be something that is encouraged all year.